The bill amends existing provisions regarding the serving of subpoenas in contested cases in South Dakota. It modifies section 1-26-18 to clarify that parties involved in a contested case have the opportunity to respond and present evidence, and it specifies the conditions under which an agency may dispose of a defense or claim. Additionally, it amends section 1-26-19.1 to empower agencies and their attorneys to administer oaths and subpoena witnesses, while also establishing that fees for witnesses must be paid by the agency or party requesting the subpoena.

Furthermore, the bill introduces a new section that mandates the service of a notice and a copy of the subpoena to all parties involved before the subpoena for documentary evidence is served. It grants the hearing examiner or administrative law judge the authority to quash or modify the subpoena if deemed unreasonable or oppressive, and allows for the denial of the motion to quash unless the requesting party advances the reasonable costs associated with producing the requested documents.

Statutes affected:
House Judiciary Engrossed, 02/09/2026: 1-26-18, 1-26-19.1
Enrolled, 03/03/2026: 1-26-18, 1-26-19.1